The abovesaid Execution petition was filed in the year 2017 and the decree of the first appellate court is dated 28.01.2013. Now, according to the petitioner, as his wife was suffering from various ailments and taking treatment for nearly five years at various hospitals and further on account of his family situation and other factors he was unable to prefer the appeal in time and thereby the delay had occurred. The abovesaid reasons projected by the petitioner for the delay are being stoutly challenged by the respondent / plaintiff. Despite the same, the petitioner has not placed any material whatsoever, atleast primafacie, buttressing the reasons projected by him for the delay. It is seen that in the typed set projected by the petitioner, certain medical records are enclosed as if the treatment had been given to his wife and the abovesaid records are pertaining to the period 07.07.2017 to 15.09.2017. As rightly put forth by the respondent / plaintiff, there is no material at all, placed on the part of the petitioner, to evidence that his wife had been taking treatment at various hospitals from the year 2013 onwards till her demise. When the records put forth by the petitioner are found to be pertaining to the year 2017 and when there is no material evidencing that his wife had been taking treatment for various ailments from 2013 onwards at various hospitals, in such view of the matter, the reasons projected by the petitioner that on account of the illness of his wife and her treatment at various hospital from the year 2013, he was unable to prefer the appeal in time, cannot be accepted sans material pointing to the same. As above seen, only after the respondent / plaintiff had levied the Execution proceedings in the year 2017, it is found that the petitioner had chosen to prefer the appeal with delay. As there is no sufficient cause on the part of the petitioner for the condonation of the delay, as rightly put forth, he is unable to substantiate the same with acceptable materials, even primafacie. Therefore, the case projected by the petitioner that on account of the illness and the treatment of his wife from the year 2013, he was unable to prefer the appeal in time, cannot, at all, be countenanced, particularly, when there is no material pointing to the same and on the other hand, it is found that only to delay the execution proceedings levied by the respondent / plaintiff, it is found that the petitioner has come forward with the appeal with delay without any justifiable cause and accordingly unable to buttress the same with convincing and reliable material.
